Lawsuit to stop TV ads filed by Dvorak

Judge asked to decide if opponent's claims are false.

Judge asked to decide if opponent's claims are false.

November 04, 2006|PATRICK M. O'CONNELL Tribune Staff Writer

In an unorthodox political move only four days before the election, St. Joseph County Prosecutor Michael Dvorak sued opponent Greg Kauffman on Friday, alleging the Republican challenger's television commercials are false and defamatory. The petition filed Friday in St. Joseph Circuit Court alleges the 30-second television ad airing on two local stations "injures the reputation, diminishes esteem, respect, good will and confidence in" Dvorak. A judge will hear the case this morning. In the commercial, which began running Friday two times a day, Kauffman says Dvorak "contradicts state law" because he hired his wife, Kathleen Dvorak, to run the prosecutor's child support division. Kauffman has claimed throughout the campaign that Dvorak's hiring of his wife represents nepotism. Dvorak, a Democrat, has said consistently he violated no laws because he does not personally supervise his wife. Dvorak provided a list of several other Indiana prosecutors who have family members working on their staffs. Dvorak's camp requested a temporary restraining order or preliminary injunction, asking the court to immediately stop the commercials. An emergency hearing on the petition was held at the courthouse in Mishawaka minutes before the building closed for the weekend. But the commercials were still scheduled to run Friday night and Saturday morning on WSBT and WNDU after Magistrate David T. Ready ordered another judge to hear the case. Ready can only make a recommendation on the petition to Circuit Court Judge Michael Gotsch, who served in Dvorak's administration when Kathleen Dvorak was hired. Ready granted Kauffman's request for a new judge based on grounds of impartiality and conflict of interest. A hearing in front of St. Joseph Superior Court Judge David C. Chapleau is scheduled for 10 a.m. today to decide the issue. "My opponent has ads running that are defamatory and that have lies in them," Dvorak said after the decision was made to hold a Saturday morning hearing. "And people are saying, 'Can't these be stopped?' So we decided to take the matter to court." Kauffman said the court filing was a desperate maneuver designed to prevent the public from hearing the truth. "It is without a doubt the dirtiest tactic I've seen in my short life," said Kauffman, 35. "It speaks volumes. ... He's frightened that he has a strong candidate running against him." Dvorak countered: "I'm not scared, I'm confident. ... My purpose is to bring an end to the defamatory lies we've all been seeing in this campaign. I chose to take the high road." Dvorak said he refuses to take part in mudslinging and that the ad "crosses the line" of protected political free speech. "Enough is enough," Dvorak said. "The voters, my constituents in St. Joseph County don't want to hear any more of these negative ads." The civil suit was written and filed by Brett Dvorak, one of Michael Dvorak's sons who is also a member of the prosecutor's campaign staff. Brett Dvorak also spoke at the emergency hearing on behalf of his father. Kauffman said the fact that Dvorak's son is personally involved in the lawsuit proves his point about family hiring. "The Dvoraks just know nepotism," Kauffman said. Dvorak said Kauffman does not know the law and that Brett Dvorak is a new lawyer who works for his campaign, not the prosecutor's office. Brett Dvorak said he is working the petition case pro bono.